Arizona Laws 13-4411.01. Notice of right to request not to receive inmate mail
A. Within fifteen days after a defendant is sentenced to the state department of corrections, the prosecutor’s office shall notify the victim of the right of the victim, any member of the victim’s family or any member of the victim’s household, to request not to receive mail from the inmate who was convicted of committing a criminal offense against the victim. The notice shall:
Terms Used In Arizona Laws 13-4411.01
- Criminal offense: means conduct that gives a peace officer or prosecutor probable cause to believe that a felony, a misdemeanor, a petty offense or a violation of a local criminal ordinance has occurred. See Arizona Laws 13-4401
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person or entity that is formally charged by complaint, indictment or information of committing a criminal offense. See Arizona Laws 13-4401
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Release: means no longer in the custody of a custodial agency and includes transfer from one custodial agency to another custodial agency. See Arizona Laws 13-4401
- Victim: means a person against whom the criminal offense has been committed, including a minor, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused. See Arizona Laws 13-4401
1. Be made on the postconviction notice request form provided by the prosecutor to the victim pursuant to section 13-4411.
2. Inform the victim of the right of the victim, or any member of the victim’s family or household who is denoted by the victim on the form, to request not to receive mail from the inmate.
3. Instruct the victim how to file the completed request form with the state department of corrections.
4. Include the following statement:
"If the defendant is incarcerated in the state department of corrections, you have the right to request that the defendant not send you, members of your family or members of the victim’s household mail. If the defendant sends you or your family or household members mail after you have made this request, you or the members of your family or household have the right to report the incident to the state department of corrections for sanctions against the defendant."
B. On receipt of a postconviction notice request form in which a request not to receive inmate mail is indicated, the state department of corrections shall notify the inmate of the request and that sending mail to the victim, or the family or household members who are denoted by the victim, will result in appropriate sanctions, including reduction or denial of earned release credits and review of all outgoing mail.
C. The department shall not knowingly forward mail addressed to any person who requests not to receive mail, pursuant to this section, is not to receive mail.